M.Alaguraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/12/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.21298 of 2022 M.Alaguraja ... Petitioner/Accused No.1 Vs The State Rep.by The Inspector of Police, All Women Police Station, Nilakkottai, Dindigul District.

(Crime No.30 of 2022) ... Respondent/Complainant For Petitioner :

M/s.Balasubramanian P, Advocate For Respondent :

Mrs.M.Aasha, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.30 of 2022 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 506(ii) r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.30 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the marriage between the defacto complainant and the petitioner was solemnized on 05.02.2022. From the date of marriage, the petitioner and other family members said to have harassed the defacto complainant by demanding more dowry and harassed her. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any 1/3

offence as alleged by the prosecution. He would further submit that there was no harassment or cruelty as alleged by the prosecution. Only with a view to harass the petitioner, a false case has been foisted against him. Further the co-accused have already been granted anticipatory bail and the petitioner shall abide any condition imposed by this Court. Hence, he prays for anticipatory bail.

4.The learned Government Advocate(Crl.Side) would submit that the petitioner is the husband of the defacto complainant. It is a matrimonial dispute between the parties and the petitioner along with other accused harassed the de-facto complainant by demanding additional dowry. He would further submit that in this case, five witnesses have already been examined and the investigation is not yet completed. Hence, she strongly opposed to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the facts that it is a matrimonial dispute and the coaccused have already been granted anticipatory bail and five witnesses have already been examined, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Nilakkottai, Dindigul District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before respondent police daily at 10.30 a.m., until further orders;

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioner shall not abscond either during investigation or trial.

[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 2/3

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 01/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NILAKKOTTAI, DINDIGUL DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, NILAKKOTTAI, DINDIGUL DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.P.BALASUBRAMANIAN, Advocate ( SR-14168[I] dated 01/12/2022 )

ORDER

IN CRL OP(MD) No.21298 of 2022 Date :01/12/2022 CP MK/VR/SAR IV/13.12.2022/3P/6C 3/3